How is Extreme Sensitivity treated?

Does a ∆ need legal capacity to commit an intentional tort?

No, a ∆ does not need legal capacity to commit an intentional tort. Although legal capacity is required to consent to a intentional tort, thus waiving the right to sue, it is not a requisite to committing one. Thus, children, drunks, and persons with developmental capabilities are all capable of committing intentional torts even though they lack legal capacity to engage in other acts.